2004-199ORDNANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM NEIGHBORHOOD RESIDENTIAL 4 (NR-4) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL MIXED
USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
APPROXIMATELY 0.56 ACRE OF LAND LOCATED GENERALLY SOUTH OF MCKINNEY
STREET AND APPROXIMATELY 900 FEET WEST OF LOOP 288 AND LEGALLY
DESCRIBED AS A PORTION OF TRACT 66 OF THE M. YOACHUM SURVEY IN THE CITY
OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY
CLAUSE AND AN EFFECTiVE DATE.
(Z04-0019)
WHEREAS, Mitchell Planning Group, L.L.C. has applied for a change in zoning for
approximately 0.56 acres of land particularly described in Exhibit "A" attached hereto and made a
part hereof as Exhibit "A" (the "Property") from Neighborhood Residential 4 (NR-4) zoning district
classification and use designation to Neighborhood Residential Mixed Use (NRMU) zoning district
classification and use designation; and
WHEREAS, on June 23, 2004, the Planning and Zoning Commission recommended approval
of the requested change in zoning; and
WHEREAS, the City Council finds that the change is consistent with the Comprehensive
Plan; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The zoning district classification anduse designationofthe Propertyis hereby
changed from Neighborhood Residential 4 (NR-4) zoning district classification and use designation
to Neighborhood Residential Mixed Use (NRMU) zoning district classification and use.
SECTION 2. The City's official zoning map is amended to show the change in zoning
district classification.
SECTION 3. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 4. Any person violating any provision of this ord'mance shall, upon conviction, be
fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED tkis the tY~ffff~day of ~~ ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY~TTORNEY
PAGE 2
Exhibit A
SURVEY pLAT
TO ALL PARTIES INTERESTED IN PREMISES SURVEYED:
This is to certify that I have, this date, mode a careful and accurate
survey on the ground of the following described property:
SURVEY PLAT
TO ALL PARTIES INTERESTED IN PREMISES SURVEYED:
TMs is to certify that I hove, this date, made o careful end accurate
survey on the ground of the followlng described property:
BEING oil that certain lot, tract or parcel of land sltuoted in the M.
Yoochum Survey, Abstract No. 1442, in the City of Denton, Denton County,
Texas, end being part of the 64.584 acre property described ~n Tract 1
conveyed to Londy Mulkey by deed recorded in County Clerks File Number
97-R0029089 of the Deed Records of Denton County, Texas, and being
more particularly described by metes and bounds as follows:
BEGINNING at o 5/8" iron rod set for corner ;n the South right of way
llne of McKinney Street (Form Market No. 426, varloble width right of
way), coiled 40 feet from the centerline at th~s point, some being the
North llne of sold Londy Mulkey 64.584 acre tract, which is North 82' 20'
27" West at o dlstonce of ,351.58 feet from its Northeast corner, same
now being the Northeast corner of Lot 1 in Block A of the Putt-Putt Golf
Addition, an oddltlon to the City of Denton, Texas, according to the plot
thereof recorded in Cabinet "H" at Slide 147 of the Plot Records of
Denton County, Texas, so~d point of beginning also being the Northwest
corner of Knollwood Villas, on odditlon to the City of Denton County,
Texas, according to the plat thereof recorded ~n Cabinet "U" at SI;de 902
of the plot Records of Denton County, Texas;
THENCE South 07' 40' 01" West (Basis of Bearings per plot recorded in
Cabinet "U" et Slide 902 of the Plat Records of Denton County, Texas)
and deporting the South right of way llne of said McKinney Street , and
passing at a distance of 19.57 feet the Northwest corner of Lot 2 in
Block A of said Knollwood Villas, and contlnu~ng along the West I;ne of
said Lot 2 in Block A of Knollwood Villas for a total distance of 167.57
feet to o 5/" iron rod set for corner;
THENCE North 82' 20' 27" West and departing the West line of sold Lot 2
for o distance of 145.00 feet to o 5/8" iron rod set for corner;
THENCE North 07' 40' 02" East for o distance of 167.57 feet to an "X"
set in concrete for corner ~n the South right of way line of said McKinney
Street, said point also being South 82' 20' 27" East et o d~stonce of
200.18 feet from the Northwest corner of said Londy Mulkey 64.584 acre
tract;
THENCE South 82" 20' 27" East along the South line of said McK~nney
Street and the North llne of said Londy Mulkey 64.584 acre tract for o
distance of 145.00 feet to the POINT OF BEGINNING AND CONTAINING
0.5578 ACRES OF LAND, more or less.
FLOOD NOTE:
According to the Federal Emergency Management Agency - Federal
Insurance Administration - Notlonol Flood Insurance Program - Flood
Insurance Rote Mop - F.I.R.M. - for the City of Denton, Denton County,
Texas - Community Panel No. 48121C0380 E, effective date April 02,
1997: the property shown hereon does not lle within an oreo of
lO0-yeor flood.
CERTIFICATION
The plot hereon is o true, correct and accurate representotlon of the
property os determined by survey, mode on the ground, this dote, subject
to any and oll easements, reservotlons or restrictions that may by of
record, the lines and dimensions of sold property being os indlcoted by
the plot; the size, location and type of buildings and improvements ore os
shown, oll improvements being within the boundaries of the property, set
bock from the property lines the distances indicated and that the dlstonce
from the nearest intersecting street or rood is os shown on said plot.
There ore no encroachments, conflicts or protrusions, except es shown.
PRELIMINARY: MAY 27, 2004
David Petree, RPLS
Registered Professional Land Surveyor No. 1890